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Judgment
7 paragraphs · 371 wordsVivek Rusia, J
This is first application filed under Section 438 of Cr.P.C. by the applicant who is apprehending his arrest in connection with Crime No.18/2019 registered at Police Station Lalghati, District Shajapur for the offence punishable under Section 420, 467, 468 of the IPC.
As per the prosecution story, complainant - Lakhanlal has lodged the FIR that he is having family terms with Jagdish who works in the Bharat Gas Agency. He wanted a loan of Rs.7.00 Lakhs. Jagdish offered his help and took his house papers, voter ID and 25 blank cheques. He got the loan of Rs.7,00,000/- sanctioned and received the cheque of the said amount from Aspire Home Finance. He deposited the said cheque in his account in State Bank of India Branch Magriya, Shajapur. When he presented for the cheque for withdrawal after 5-6 days, he came to know that Jagdish along with others has already withdrawn Rs.5,50,000/- fraudulently by using the blank cheques. Accordingly, the police has registered the FIR against the present applicants and other accused persons. During investigation, the police has found that amount of Rs.50,000/- has come into the account of the accused - Jagdish.
The complainant who is present in person admits his signature and execution of the affidavit before the Notary Public and a compromise with the present applicant.
In view of the aforesaid facts and circumstances of the case, without further commenting anything on the merits of the case, it would be appropriate to enlarge the applicant on anticipatory bail.
Accordingly, looking to the fact and circumstances of the case, without commenting anything on the merits of the case, this application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the arresting officer and one local surety. This order shall be governed by the conditions No.1 to 3 of sub section (2) of section 438 Cr.P.C. The applicant shall also cooperate with the investigation.
With the aforesaid, this M.Cr.C. stands disposed of. C.C. as per rules.